HERKERT v. TEMCO SERVICES INDUSTRIES, INC.


272 A.D.2d 161 (2000)

709 N.Y.S.2d 161

JOHN HERKERT, Appellant, v. TEMCO SERVICES INDUSTRIES, INC., Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided May 16, 2000.


The trial court correctly held that defendant's acquisition of a company that provided the same building maintenance services as defendant was not, as a matter of law, a commissionable event under the parties' agreement. The interpretation of the contract urged by plaintiff would have defendant paying twice for the same business opportunity, first in the purchase price of the acquisition, and second in paying plaintiff a commission on that purchase. Such a commission would...

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